United States v. Daniel Patrick Rosselli

FAIRCHILD, Circuit Judge

(concurring). I can agree with affirmance. The circumstances confronting the agents up to and just before their entry were sufficiently equivocal so that the view of the district court as to lack of exigency justification was not clearly erroneous.

I wish, however, to emphasize that there should be no rule that when officers first come into possession of probable cause in a situation generally similar to this case, choose to make an investigative visit, seeking the suspect’s voluntary cooperation, and thus pass up an opportunity to obtain a warrant, they risk suppression if the suspect attempts to destroy evidence and the officers enter without a warrant to prevent such destruction.